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October 08: Menu myths exposed

Reported by: Shannon Cake
Email: scake@wptv.com
Photographer: Jim Sitton
Last Update: 5/07/2009 5:53 pm
Click the link below to see all of Contact 5's results from testing several restaurants on WPTV.com's 'What's on the Menu' page.
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WEST PALM BEACH, FL -- We see them all the time; claims of low calorie meals, or menus with half the fat.  But our two month investigation found, some restaurants making those claims, aren't always  serving up what they advertise!

Applebees for instance, known as 'Your neighborhood Grill', is being accused of not being such a good neighbor.

In a twenty-seven page lawsuit, the restaurant chain, it's parent company and Weight Watchers are charged with teaming up, making low fat claims and instead, in some cases, selling meals loaded with fat and calories.

"It's sort of a betrayal.  It's taking advantage of people who want to pay attention to their health, and instead selling them something that's going to hurt them," said Alyson Foster an attorney for Gilbert Oshinsky LLP.

The Washington D.C. law firm filed the class action suit on behalf of consumers across the country.  The brief claims that the entrees on Applebees’ special Weight Watchers section are listed as "healthy menus," but often times inaccurately represent the caloric and fat content of the food at issue.

"This is not about, Applebees made someone fat or unhealthy.  This lawsuit is really about the false advertising where people bought something that was advertised different than what they thought they were getting,” Foster said.

Weight Watchers sent Contact 5 this statement saying: “Weight Watchers does not comment on current litigation."

An Applebees spokesman told Contact 5: "We take claims about our Weight Watchers menu seriously. We believe variation between listed and actual food nutritional content is inevitable.  Some variation is bound to occur when you have people preparing food to order. That's one reason we advise our guests of variability on our menus.  We are reviewing the claims, but we don't think they have merit,” said  Applebees spokesman Patrick Lenow.

But Applebees' low fat claims didn't add up  when Contact 5 tested samples six months ago.

In May of this year, we teamed up with our sister stations across the country.  We tested menu items at several restaurant chains, including Applebees.  We purchased food, packed it on ice and shipped the samples overnight.  All of our samples were tested for caloric and fat content at EPA certified 'Analytical Laboratories' in Boise, Idaho.

Our colleagues in Phoenix, Arizona picked up the Cajun Lime Tilapia from their Applebees Restaurant.  It was supposed to carry 6 fat grams.  Instead, the lab found twice that---weighing in with 12 grams of fat.

From the Applebee's on Military Trail in West Palm Beach, we sampled the Garlic Herb Chicken. It was supposed to carry 6 fat grams. Our lab counted 18 fat grams .

"Six to 18 is a big difference.  So you're almost tripling  your amount of fat calories. One gram of fat has 9 calories, so if you do the math…that's increasing the amount of fat calories," said Susan Grammond, a registered dietician with Palm Beach County’s Health Department.

Distortions in calorie or fat content can be  serious according to Grammond. "One time may not make that much difference, but over time if someone eats out a lot, it can have a significant impact.”

The lawyers who filed suit said they hope to send a message to Applebees, Weight Watchers and other restaurants and weight loss organizations: That companies should remain vigilant about delivering what is advertised to consumers--especially when making claims about low fat or low calorie meals.  They say the health conscious, those desperate to lose weight or those with medical conditions vulnerable…often willing to pay more for healthy meals or anything advertised as a weight loss aide.

Learn How to Join the Class Action Lawsuit

Anyone who has eaten at Applebees in the last couple of years and eaten from the Weight Watchers menu qualifies to be part of this class action lawsuit. 

To contact the law firm:

Gilbert Oshinsky, LLP
1100 New York Avenue, NW, Suite 700
Washington, DC 2005
(202) 772-2441

Tips on how to know whether your food is lowfat/lowcal

According to registered dietician Susan Grammond, there are a few ways to ensure that your meal is really low calorie or low fat.

- Ask your waiter to make sure your food is NOT cooked in butter.  Ask to speak to the chef if they don’t understand.
- Ask for all sauces to be placed on the side.
-Use your paper napkin to blot any oil sitting on top of your food.  If your napkin appears oily after blotting, it’s probably not low fat or low calorie.
- Size of your meat entrée should be about the size of the palm of your hand
- If your meal is covered with cheese, chances are, you have a bunch of calories on your plate. (ask the chef to hold the cheese)

 



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